Allahabad High Court
Anuj Alias Tony vs State Of U.P. on 8 February, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1434 of 2023
Applicant :- Anuj Alias Tony
Opposite Party :- State of U.P.
Counsel for Applicant :- Shikhar Awasthi,Neeraj Kumar Sharma
Counsel for Opposite Party :- G.A.,Kuldeep Kumar
Hon'ble Siddharth,J.
Supplementary affidavit filed today by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant, Sri Kuldeep Kumar, learned counsel for the informant and learned A.G.A. for the State.
There is allegation in the first information report that the husband of the informant resides at Kolkatta and her children are school going. The applicant and co-accused are her neighbours whose intention against the informant are not good. They entered into her house and the applicant sexually molestated her while co-acussed, Nitish, made her video clip. Nitish gave aforesaid video to the applicant and he extorted Rs.3,10,000/- from the victim/informant by black mailing her. He further demanded Rs.2 lakhs and was threatening that in case aforesaid amount is not paid, he will kill her both children and made her video viral.
Learned counsel for the applicant submits that it is a case of false implication by the informant by way of counter blast with regard to the incident dated 20.12.2020 in which father of co-accused, Nitish, namely, Gajraj Singh, who was also uncle of the applicant, lodged an first information report dated 21.12.2020 under Section 147, 148, 323, 352, 452 and 506 I.P.C against Lalit, Mukesh Kumar, Suresh Singh, Guddan, Jugendra and Gaurav, who are relatives of the informant. Lalit and Mukesh are cousins of the informant. Suresh is brother of her father-in-law. Guddan and Gaurav are also her cousins. Jugendra is her father-in-law. The aforesaid persons have been charge-sheeted in the aforesaid case on 08.02.2021. After charge-sheet was filed the father-in-law of the informant filed an application under Section 156(3) Cr.P.C against the applicant and his family members under Section 452, 323, 427, 506 I.P.C. The aforesaid case has been registered as complaint case. The present first information report is delayed by 54 days. Initially there was no allegation of rape levelled in the first information report. Subsequently on the basis of false statement of the victim the same has been added. Applicant is in jail since 20.10.2022. No incriminating video has been recovered by the investigating officer.
Learned AGA and learned counsel for the informant have vehemently opposed the prayer for bail and have submitted that the allegation against the applicant are serious. Co-accused are threatening the informant and therefore, he does not deserves to be enlarged on bail.
Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Anuj Alias Tony, involved in Case Crime No.380 of 2022, under Sections 354, 452, 384, 506, 376 I.P.C, Police Station Gulaothi, District- Bulandshahr be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.
(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 8.2.2023
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